Live Oak Banking Company v. Aulakh Dental Corporation
- Virginia Demarchi
- 5:20-cv-04587
- U.S. District Court · Northern District of California
- 1
In Live Oak Banking Company v. Aulakh Dental Corporation, Judge Demarchi ordered Live Oak to explain why its case should not be dismissed for inactivity.
Live Oak Banking Company was required to explain why its action should not be dismissed for failure to prosecute. The defendants had not appeared, and the order did not impose a ruling on the merits.
What happened
Live Oak Banking Company sued Aulakh Dental Corporation and others. The defendants had not appeared, and Live Oak did not file the required joint case-management statement by the October 6, 2020 deadline or take other action to move the case forward.
The court ordered Live Oak to show cause, meaning to explain, why the case should not be dismissed for failure to prosecute. The court required a written response by October 12, 2020, and set a hearing for October 13, 2020.
This order did not dismiss the case. Judge Virginia K. Demarchi issued an order requiring Live Oak to respond before the court decided whether dismissal was appropriate.
The detailed version
- Live Oak Banking Company v. Aulakh Dental Corporation · No. 5:20-cv-04587
- Virginia Demarchi
- Oct. 9, 2020
Background
The court had issued an initial case-management scheduling order requiring the parties to file a joint case-management statement by October 6, 2020. The defendants had not appeared in the action. Live Oak Banking Company did not file the required statement by the deadline and had taken no other action to prosecute the case.
Court’s Action
The court stated that it has inherent authority to dismiss an action on its own initiative to ensure the orderly and prompt handling of cases. It ordered Live Oak to show cause—meaning to explain—why the action should not be dismissed for failure to prosecute.
Deadlines and Disposition
The court required Live Oak to file a written response by October 12, 2020, and set a hearing for October 13, 2020, at 1:30 p.m. The opinion is an order to show cause; it does not state that the action was dismissed. Judge Virginia K. Demarchi signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.